A Guide to Georgia Fence Laws
At the state level, Georgia does not have any fence-specific laws, so the codes and regulations of fence-building are determined by local zoning ordinances.
Written by Andrew Biro
Reviewed by Melanie Reiff
At the state level, Georgia does not currently have any laws specifically regarding the construction of fences, but many related issues—trespassing, nuisance, easements, and property damage—do, which may provide some insight.
With Georgia not having any clear laws regarding the building of fences, the responsibility falls to local governments at the city and county level—meaning fence laws, codes, and regulations will vary and change depending on where in Georgia you live.
Navigating the ins and outs of Georgia fence laws—or seemingly lack thereof—can be confusing at times, which is why licensed home and auto insurance comparison app and broker Jerry has put together this guide detailing everything you need to know about fence laws in Georgia.
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Does Georgia law require fences?
Under state law, Georgia does not require homeowners to erect fences around their property in any capacity—whether you have fencing is entirely up to you (and potentially your local Homeowners Association, depending on where you live).
That being said, you will be legally required to build a fence around your pool, spa, or hot tub if you have one, in order to comply with state and local safety regulations.
Fencing around pools
In order to comply with Georgia’s laws regarding fencing around public pools, you’ll need to meet these requirements:
- Must be at least 4-feet tall and have no more than 4-inches of open space between the fence’s base and the ground
- Openings in the fence cannot exceed 4-inches in size
- Horizontal supports must be spaced at least 45-inches apart or be located on the inside of the fence
- Gaps between vertical or horizontal supports must be 1.25-inches or smaller
- Any and all gates must be self-closing, self-latching, and lockable with a latch at least 45-inches above the base of the gate and 3-inches below the top
Private pools located in residential areas are subject to the following fencing requirements:
- Must be completely surrounded by a fence or other barrier
- Fences must be at least 4-feet tall as measured on the exterior side
- Space between the fence’s base and ground cannot exceed 2-inches
- Cannot contain any gaps, openings, holes exceeding 4-inches in size or diameter
- Cannot feature any protrusions that would allow someone to climb over the fence
- Any horizontal supports must be located on the interior of the fence or be spaced at least 45-inches apart
- Spacing between vertical support members cannot exceed 4-inches
- Gate requirements for private pools are the same as for public pools—see above
What about fences between neighbors?
Georgia state law does not require landowners with adjoining properties to erect fencing to divide their land, nor does it explicitly require both parties contribute monetarily to the construction or upkeep of an entirely new fence.
Specific laws, codes, and regulations regarding fences between adjoining landowners will largely depend on your local zoning authority, but it is generally recognized that, if you and a neighbor buy property with an existing fence, both parties are equally responsible for upkeep and maintenance costs. Similarly, an existing fence cannot be removed without the consent of both parties.
Maliciously-built fences
Maliciously-built fences, also referred to as “spite” fences, serve no other purpose than to annoy a neighbor or infringe upon their property rights. Georgia has no specific law that forbids these fences, but common law usually looks unfavorably upon them—for all intents and purposes, we’ll consider them illegal.
If you and a neighbor have a dispute regarding boundary lines or property rights, it is best to solve it via dialogue and discussion rather than resorting to petty measures.
How to legally build a fence in Georgia
In order to build a fence in Georgia, you’ll have to consult your local zoning and permit offices to find out what requirements a fence in your area must meet, as there is no state law that specifically outlines what a legal fence is.
Cities, counties, and even your local homeowners association are all capable of enforcing certain codes, regulations, and guidelines, so it’s best to make a site-specific inquiry before building your fence.
Does homeowners insurance cover fences?
Your standard homeowners insurance policy will most likely include fences as “other” or “additional” structures and will typically be covered for up to 10% of your home’s coverage limit. This means that any fences on your property will only be protected against the named perils that your primary dwelling is protected against.
In the event that your fence is damaged by vandalism, flooding, or even just a fallen tree branch, make sure to check which perils your home and additional structures are protected against before filing a claim.
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FAQs
Do I need a permit to build a fence in Georgia?
Potentially, depending on where you live. Some cities may require you to obtain a permit before building a fence, but some do not—in any case, however, you will still need to meet local codes and regulations, so it’s always best to check with your local permit or zoning office before constructing a fence.
Can I build an 8-foot fence in Georgia?
If you live in a residential area, no you cannot. Most cities and counties in Georgia only allow the construction of fences or walls that are, at most, 6-feet tall, but only in backyards. Any fences located in your front yard can be no more than 4-feet tall, unless extenuating, site-specific circumstances—such as excessive noise or light by your property—can be used as grounds for an except
Do I have to build a fence around my pool?
Yes—in the case of public and residential pools, spas, and hot tubs, Georgia state law requires you to erect a fence around your pool and meet the required specifications, some of which include: completely surrounds the pool, is at least 4-feet high with a gap of no more than two inches between the ground and fence, and should not have any openings allowing a 4-inch diameter sphere to pass through. Specifications differ depending on the fence’s material and overall design.
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